Udall: Little hope for filibuster reform

Sen. Tom Udall (D-N.M.) conceded Tuesday night that the fight to overhaul the filibuster was essentially doomed this Congress, saying he was settling for more modest reforms worked out by the leaders from both parties.

“We didn’t have the votes,” Udall told POLITICO. “But what we’ve achieved is a lot. We’re going to put in place a number of agreements, but we’re going to have a number of votes to see how strong we are on reform.”

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Senate Democratic and Republican leaders were moving to set up a series of votes as soon as Wednesday intended to change the rules of the Senate. Udall had sought to change the rules if they surpassed a 51-vote majority, but lacking the support, several of the upcoming votes will have to clear a 67-vote threshold, ensuring that only non-controversial measures will be approved.

The proposed changes - negotiated by Sens. Chuck Schumer (D-N.Y.) and Lamar Alexander (R-Tenn.) — would limit the number of executive branch nominations subject to Senate confirmation; make it more difficult for senators to anonymously block legislation or nominees; and end a stall tactic that lets senators force clerks to read aloud the complete text of a bill if the measure has been made public.

The bipartisan compromise would replace a more ambitious reform package, including curtailing the filibuster, that three Democratic senators continued to push as late as Tuesday evening. While some filibuster critics were clearly frustrated that Democratic leaders were not taking more aggressive action, others said they could claim a victory of sorts since the old-fashioned Senate was poised to make at least targeted changes to its rules.

“We’re making good progress. We don’t have an agreement yet. We’re still having discussions,” Alexander said at a news conference after the weekly caucus lunch. “Several of our members and several Democratic members still have decisions to make. And when we’ve finished, [Democratic and Republican leaders] will go to the floor and announce an agreement when there is an agreement.”

Senate Majority Leader Harry Reid (D-Nev.) said he wasn’t able to discuss details of the compromise, but that “advocacy” from the three Senate Democrats – Udall Jeff Merkley of Oregon and Tom Harkin of Iowa – has helped persuade Republicans to tentatively agree to a number of changes to Senate rules.

“We’re working our way through that. I think we have a way to proceed forward,” Reid told reporters after meeting with his caucus. “I’m hoping we can move this down the road in the next 24 to 48 hours.”

The Senate leaders, Reid and McConnell, are expected to reach a gentlemen’s agreement that will let the GOP offer more amendments but limit filibustering on motions to begin debate.

But the efforts fall short of the push by progressives such as Harkin and junior senators Udall and Merkley, who want to overhaul the filibuster and limit its use by changing the rules, a move that Republicans are united against.

“Well, anything is probably better than what we have now, but the question is, do you take a couple little baby steps that don’t really get to the heart of the matter?” Harkin told POLITICO. “That’s what I consider most these to be, small baby steps. They don’t get to the heart of the matter.”